Performance Under Contract Sample Clauses

Performance Under Contract. Each Seller shall remain responsible for performing its obligations hereunder and under the Contracts applicable to such Seller, and the exercise by the Buyer or its designee of its rights hereunder shall not relieve any Seller from such obligations.
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Performance Under Contract. To Seller’s knowledge, Seller’s entering into this Agreement does not and at the time of Closing will not violate any provisions of any agreement or judicial order to which Seller is a party or to which Seller or the Property is subject. Whenever a representation and warranty made by Seller in this Section 8 is limited to Seller’s “knowledge” or “actual knowledge”, such term shall mean the current actual knowledge of the authorized representative of Seller responsible, on behalf of Seller, for the acquisition, development, leasing, management, operation and disposition of the Property and construction of the Improvements, without any independent inquiry or investigation and without any personal liability on the part of any of them, and the knowledge of no other past, present or future employee of Seller shall be imputed to Seller for the purposes hereof. The foregoing definition of “knowledge” or “actual knowledge” shall apply to such terms wherever used in this Agreement with respect to statements, warranties or actions of Seller, including, without limitation, Section 6.3.
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Performance Under Contract loss due to the failure of any part to perform, in whole or in part, under any contract;
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Performance Under Contract. Notwithstanding whether the Seller Representative is serving as a Servicer hereunder, each Seller shall remain responsible for performing its obligations hereunder and under the Contracts, and the exercise by Xxxxx Fargo or its designee of its rights hereunder shall not relieve any Seller from such obligations.
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Performance Under Contract. Subject to confidentiality agreements between Office Depot and third parties, and no more than annually, PSA, at its expense, may audit Office Depot's books and records to determine whether Office Depot extended the correct pricing. Any third-party auditor used must be approved by Office Depot, and must execute a non-disclosure agreement. Office Depot may dispute the results of any audit, and will refund any overcharges to PSA (PSA will refund any undercharges to Office Depot). Other conditions may apply. Notwithstanding the foregoing, PSA shall not be entitled to access any of Office Depot's: (i) systems or (ii) facilities which house Office Depot's information security and/or data infrastructure. Subject to confidentiality agreements between Office Depot and third parties, and no more than annually, PSA, at its expense, may audit Office Depot's books and records to determine whether Office Depot extended the correct pricing. Any third-party auditor used must be approved by Office Depot, and must execute a non-disclosure agreement. Office Depot may dispute the results of any audit, and will refund any overcharges to END USER. Approved.
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Performance Under Contract. PSA is committed to ensuring that Contractor provides effective and efficient service to all Participants in the cooperative purchasing program and expects that certain performance conditions must be met. Failure to meet these conditions may result in contract termination. In that regard, Contractor shall:  Provide a dedicated Contract Administrator whose duties shall include but not be limited to:
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Performance Under Contract. PSAI is committed to insuring that Contractor provides effective and efficient service to all Participants in the Cooperative Purchasing Program, and expects that certain Performance Conditions must be met. Failure to meet these conditions may result in contract termination. In that regard, Contractor shall:
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Performance Under Contract. Maker shall remain liable to perform all of its duties and obligations under any contracts which have been pledged or assigned hereunder to Lender (including, without limitation, the Acquisition Agreement and the Escrow Agreement), except to the extent said obligations have been assumed by Lender pursuant to the Foreign Boss Rights Acquisition Agreement between Lender and Maker dated September __, 1997 (the "Foreign Acquisition Agreement"), to the same extent as if this Note had not been executed, and the exercise by Lender of any of its rights hereunder shall not release Maker from any of its respective duties or obligations under such agreements.
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Related to Performance Under Contract

  • Performance Under Purchase Contracts The Company covenants and agrees for the benefit of the Holders from time to time of the Units that it will duly and punctually perform its obligations under the Purchase Contracts in accordance with the terms of the Purchase Contracts and this Agreement.

  • Performance Under Protest If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.

  • Performance Guaranty Parent hereby guarantees the due, prompt and faithful performance and discharge by, and compliance with, all of the obligations, covenants, terms, conditions and undertakings of Merger Sub under this Agreement in accordance with the terms hereof, including any such obligations, covenants, terms, conditions and undertakings that are required to be performed, discharged or complied with following the Effective Time by the Surviving Corporation.

  • Performance of Contracts The Company shall not materially ------------------------ amend, modify, terminate, waive or otherwise alter, in whole or in part, any of the Employee Nondisclosure and Developments Agreements without the consent of the Company's Board of Directors.

  • Award of Contract ITT 41.1 The maximum percentage by which quantities may be increased is: [15%] The maximum percentage by which quantities may be decreased is: [100%]

  • DURATION OF CONTRACT 3.1 The Post is a permanent full time Post.

  • Scope of Contract This Contract specifies the contractual terms and conditions by which County will procure and receive goods/services from Contractor as set forth in the Scope of Work, which is attached hereto as Attachment A and incorporated by this reference.

  • PERFORMANCE OF THE CONTRACT II.1.1 The Contractor shall perform the Contract to the highest professional standards. The Contractor shall have sole responsibility for complying with any legal obligations incumbent on him, notably those resulting from employment, tax and social legislation.

  • Conditions for Award of Contract 7. The Borrower shall not award any Works contract which involves environmental impacts until:

  • Performance Units Subject to the limitations set forth in paragraph (c) hereof, the Committee may in its discretion grant Performance Units to any Eligible Person and shall evidence such grant in an Award Agreement that is delivered to the Participant which sets forth the terms and conditions of the Award.

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